JUDGMENT :

R.S. Sarkaria, J. - This appeal by special leave directed against a judgment, dated May 3, 1962, of the Delhi High Court, arises out of these circumstances :

M.S. Kochar the respondent herein, filed a complaint in the Court of the Sub-Divisional Magistrate, Delhi, alleging that the appellants herein, who are officers of the Customs Department, had committed offences under Sections 120-B/166/409, Indian Penal Code. It was stated in the complaint as follows :

The complainant was the sole representative in India of various manufacturing concerns in West Germany, and was carrying on business under the style of "House of German Machinery". He imported certain items of machinery from the German firms for displaying them in the International Industries Fair held in New Delhi in November 1961. In spite of the fact that he had obtained a valid Customs Clearance Permit for the import of these items of machinery the Customs Authorities prevented him from clearing the goods from the Railway Station. Ultimately the complainant was able to clear the goods by obtaining the necessary permission from the Government. He was allowed to retain the imported goods with him till the first of Ju